[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]
[Rules and Regulations]
[Pages 66733-66737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27159]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8253]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities where the sale of flood 
insurance has been authorized under the National Flood Insurance 
Program (NFIP) that are scheduled for suspension on the effective dates 
listed within this rule because of noncompliance with the floodplain 
management requirements of the program. If the Federal Emergency 
Management Agency (FEMA) receives documentation that the community has 
adopted the required floodplain management measures prior to the 
effective suspension date given in this rule, the suspension will not 
occur and a notice of this will be provided by publication in the 
Federal Register on a subsequent date. Also, information identifying 
the current participation status of a community can be obtained from 
FEMA's Community Status Book (CSB). The CSB is available at http://www.fema.gov/fema/csb.shtm.

DATES: Effective Dates: The effective date of each community's 
scheduled suspension is the third date (``Susp.'') listed in the third 
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a 
particular community was suspended on the suspension date or for 
further information, contact David Stearrett, Federal Insurance and 
Mitigation Administration, Federal Emergency Management Agency, 500 C 
Street SW., Washington, DC 20472, (202) 646-2953.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase 
Federal flood insurance that is not otherwise generally available from 
private insurers. In return, communities agree to adopt and administer 
local floodplain management measures aimed at protecting lives and new 
construction from future flooding. Section 1315 of the National Flood 
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale 
of NFIP flood insurance unless an appropriate public body adopts 
adequate floodplain management measures with effective enforcement 
measures. The communities listed in this document no longer meet that 
statutory requirement for compliance with program regulations, 44 CFR 
part 59. Accordingly, the communities will be suspended on the 
effective date in the third column. As of that date, flood insurance 
will no longer be available in the community. We recognize that some of 
these communities may adopt and submit the required documentation of 
legally enforceable floodplain management measures after this rule is 
published but prior to the actual suspension date. These communities 
will not be suspended and will continue to be eligible for the sale of 
NFIP flood insurance. A notice withdrawing the

[[Page 66734]]

suspension of such communities will be published in the Federal 
Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that 
identifies the Special Flood Hazard Areas (SFHAs) in these communities. 
The date of the FIRM, if one has been published, is indicated in the 
fourth column of the table. No direct Federal financial assistance 
(except assistance pursuant to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act not in connection with a flood) may be 
provided for construction or acquisition of buildings in identified 
SFHAs for communities not participating in the NFIP and identified for 
more than a year on FEMA's initial FIRM for the community as having 
flood-prone areas (section 202(a) of the Flood Disaster Protection Act 
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against 
certain types of Federal assistance becomes effective for the 
communities listed on the date shown in the last column. The 
Administrator finds that notice and public comment procedures under 5 
U.S.C. 553(b), are impracticable and unnecessary because communities 
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification 
letters addressed to the Chief Executive Officer stating that the 
community will be suspended unless the required floodplain management 
measures are met prior to the effective suspension date. Since these 
notifications were made, this final rule may take effect within less 
than 30 days.
    National Environmental Policy Act. This rule is categorically 
excluded from the requirements of 44 CFR part 10, Environmental 
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that 
this rule is exempt from the requirements of the Regulatory Flexibility 
Act because the National Flood Insurance Act of 1968, as amended, 
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless 
an appropriate public body adopts adequate floodplain management 
measures with effective enforcement measures. The communities listed no 
longer comply with the statutory requirements, and after the effective 
date, flood insurance will no longer be available in the communities 
unless remedial action takes place.
    Regulatory Classification. This final rule is not a significant 
regulatory action under the criteria of section 3(f) of Executive Order 
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 
51735.
    Executive Order 13132, Federalism. This rule involves no policies 
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the 
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection 
of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for Part 64 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 
1979 Comp.; p. 376.


Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended 
as follows:

----------------------------------------------------------------------------------------------------------------
                                                Effective date
                                                authorization/
                                  Community     cancellation of    Current effective map   Date certain Federal
      State and location             No.         sale of flood             date            assistance no longer
                                                 insurance in                               available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
          Region III
 
Pennsylvania:
    Ashley, Borough of,               420596  December 13, 1974,  Nov. 2, 2012..........  Nov. 2, 2012
     Luzerne County.                           Emerg; September
                                               30, 1980, Reg;
                                               November 2, 2012,
                                               Susp.
    Avoca, Borough of, Luzerne        420597  March 7, 1975,      do*...................   Do.
     County.                                   Emerg; July 16,
                                               1981, Reg;
                                               November 2, 2012,
                                               Susp.
    Bear Creek, Township of,          421136  March 12, 1974,     do....................   Do.
     Luzerne County.                           Emerg; September
                                               29, 1978, Reg;
                                               November 2, 2012,
                                               Susp.
    Bear Creek Village,               422756  N/A, Emerg; July    do....................   Do.
     Borough of, Luzerne                       26, 2002, Reg;
     County.                                   November 2, 2012,
                                               Susp.
    Black Creek, Township of,         420598  March 9, 1973,      do....................   Do.
     Luzerne County.                           Emerg; September
                                               3, 1980, Reg;
                                               November 2, 2012,
                                               Susp.
    Buck, Township of, Luzerne        421824  February 17, 1976,  do....................   Do.
     County.                                   Emerg; April 15,
                                               1981, Reg;
                                               November 2, 2012,
                                               Susp.
    Butler, Township of,              420599  August 16, 1973,    do....................   Do.
     Luzerne County.                           Emerg; December
                                               16, 1980, Reg;
                                               November 2, 2012,
                                               Susp.
    Conyngham, Borough of,            420992  August 24, 1973,    do....................   Do.
     Luzerne County.                           Emerg; July 16,
                                               1980, Reg;
                                               November 2, 2012,
                                               Susp.
    Conyngham, Township of,           420600  February 9, 1973,   do....................   Do.
     Luzerne County.                           Emerg; February
                                               16, 1977, Reg;
                                               November 2, 2012,
                                               Susp.
    Courtdale, Borough of,            420601  May 1, 1973,        do....................   Do.
     Luzerne County.                           Emerg; June 1,
                                               1979, Reg;
                                               November 2, 2012,
                                               Susp.
    Dallas, Borough of,               421825  April 15, 1974,     do....................   Do.
     Luzerne County.                           Emerg; January 2,
                                               1981, Reg;
                                               November 2, 2012,
                                               Susp.
    Dallas, Township of,              420602  September 5, 1973,  do....................   Do.
     Luzerne County.                           Emerg; April 1,
                                               1988, Reg;
                                               November 2, 2012,
                                               Susp.
    Dupont, Borough of,               422250  July 29, 1974,      do....................   Do.
     Luzerne County.                           Emerg; June 15,
                                               1981, Reg;
                                               November 2, 2012,
                                               Susp.
    Duryea, Borough of,               420603  January 12, 1973,   do....................   Do.
     Luzerne County.                           Emerg; June 18,
                                               1980, Reg;
                                               November 2, 2012,
                                               Susp.

[[Page 66735]]

 
    Edwardsville, Borough of,         420604  December 1, 1972,   do....................   Do.
     Luzerne County.                           Emerg; April 15,
                                               1977, Reg;
                                               November 2, 2012,
                                               Susp.
    Exeter, Township of,              420606  January 19, 1973,   do....................   Do.
     Luzerne County.                           Emerg; September
                                               15, 1983, Reg;
                                               November 2, 2012,
                                               Susp.
    Fairmount, Township of,           421827  February 9, 1976,   do....................   Do.
     Luzerne County.                           Emerg; April 1,
                                               1981, Reg;
                                               November 2, 2012,
                                               Susp.
    Fairview, Township of,            420993  January 23, 1974,   do....................   Do.
     Luzerne County.                           Emerg; June 1,
                                               1979, Reg;
                                               November 2, 2012,
                                               Susp.
    Forty Fort, Borough of,           420607  November 3, 1972,   do....................   Do.
     Luzerne County.                           Emerg; April 1,
                                               1977, Reg;
                                               November 2, 2012,
                                               Susp.
    Hanover, Township of,             420608  October 20, 1972,   do....................   Do.
     Luzerne County.                           Emerg; May 16,
                                               1977, Reg;
                                               November 2, 2012,
                                               Susp.
    Hollenback, Township of,          421831  September 30,       do....................   Do.
     Luzerne County.                           1975, Emerg;
                                               September 17,
                                               1980, Reg;
                                               November 2, 2012,
                                               Susp.
    Hunlock, Township of,             420994  November 5, 1973,   do....................   Do.
     Luzerne County.                           Emerg; April 1,
                                               1980, Reg;
                                               November 2, 2012,
                                               Susp.
    Huntington, Township of,          421832  July 2, 1974,       do....................   Do.
     Luzerne County.                           Emerg; April 15,
                                               1981, Reg;
                                               November 2, 2012,
                                               Susp.
    Jackson, Township of,             420610  March 16, 1973,     do....................   Do.
     Luzerne County.                           Emerg; September
                                               17, 1980, Reg;
                                               November 2, 2012,
                                               Susp.
    Jenkins, Township of,             420611  February 2, 1973,   do....................   Do.
     Luzerne County.                           Emerg; May 16,
                                               1977, Reg;
                                               November 2, 2012,
                                               Susp.
    Kingston, Borough of,             420612  October 6, 1972,    do....................   Do.
     Luzerne County.                           Emerg; June 1,
                                               1977, Reg;
                                               November 2, 2012,
                                               Susp.
    Kingston, Township of,            420613  December 22, 1972,  do....................   Do.
     Luzerne County.                           Emerg; January 2,
                                               1981, Reg;
                                               November 2, 2012,
                                               Susp.
    Laflin, Borough of,               420995  October 4, 1973,    do....................   Do.
     Luzerne County.                           Emerg; December
                                               2, 1980, Reg;
                                               November 2, 2012,
                                               Susp.
    Lake, Township of, Luzerne        421833  October 24, 1975,   do....................   Do.
     County.                                   Emerg; September
                                               3, 1980, Reg;
                                               November 2, 2012,
                                               Susp.
    Larksville, Borough of,           420614  March 23, 1973,     do....................   Do.
     Luzerne County.                           Emerg; April 1,
                                               1977, Reg;
                                               November 2, 2012,
                                               Susp.
    Lehman, Township of,              420615  July 10, 1973,      do....................   Do.
     Luzerne County.                           Emerg; December
                                               2, 1980, Reg;
                                               November 2, 2012,
                                               Susp.
    Luzerne, Borough of,              420616  March 2, 1973,      do....................   Do.
     Luzerne County.                           Emerg; April 15,
                                               1977, Reg;
                                               November 2, 2012,
                                               Susp.
    Nanticoke, City of,               420617  April 4, 1973,      do....................   Do.
     Luzerne County.                           Emerg; April 15,
                                               1977, Reg;
                                               November 2, 2012,
                                               Susp.
    Nescopeck, Borough of,            420618  April 16, 1973,     do....................   Do.
     Luzerne County.                           Emerg; February
                                               1, 1980, Reg;
                                               November 2, 2012,
                                               Susp.
    Nescopeck, Township of,           420619  March 2, 1973,      do....................   Do.
     Luzerne County.                           Emerg; August 1,
                                               1980, Reg;
                                               November 2, 2012,
                                               Susp.
    New Columbus, Borough of,         421819  July 9, 1975,       do....................   Do.
     Luzerne County.                           Emerg; March 16,
                                               1981, Reg;
                                               November 2, 2012,
                                               Susp.
    Newport, Township of,             421822  December 17, 1975,  do....................   Do.
     Luzerne County.                           Emerg; December
                                               2, 1980, Reg;
                                               November 2, 2012,
                                               Susp.
    Nuangola, Borough of,             422272  October 15, 1975,   do....................   Do.
     Luzerne County.                           Emerg; September
                                               28, 1979, Reg;
                                               November 2, 2012,
                                               Susp.
    Penn Lake Park, Borough           422645  July 12, 1976,      do....................   Do.
     of, Luzerne County.                       Emerg; December
                                               5, 1980, Reg;
                                               November 2, 2012,
                                               Susp.
    Pittston, City of, Luzerne        420620  April 17, 1973,     do....................   Do.
     County.                                   Emerg; May 2,
                                               1977, Reg;
                                               November 2, 2012,
                                               Susp.
    Plymouth, Borough of,             420622  October 27, 1972,   do....................   Do.
     Luzerne County.                           Emerg; April 1,
                                               1977, Reg;
                                               November 2, 2012,
                                               Susp.
    Plymouth, Township of,            420623  February 2, 1973,   do....................   Do.
     Luzerne County.                           Emerg; April 15,
                                               1977, Reg;
                                               November 2, 2012,
                                               Susp.
    Pringle, Borough of,              420624  January 19, 1973,   do....................   Do.
     Luzerne County.                           Emerg; May 2,
                                               1977, Reg;
                                               November 2, 2012,
                                               Susp.
    Rice, Township of, Luzerne        420996  December 6, 1973,   do....................   Do.
     County.                                   Emerg; January 2,
                                               1981, Reg;
                                               November 2, 2012,
                                               Susp.
    Ross, Township of, Luzerne        421835  February 9, 1976,   do....................   Do.
     County.                                   Emerg; April 15,
                                               1981, Reg;
                                               November 2, 2012,
                                               Susp.
    Salem, Township of,               420625  May 23, 1973,       do....................   Do.
     Luzerne County.                           Emerg; March 18,
                                               1980, Reg;
                                               November 2, 2012,
                                               Susp.
    Shickshinny, Borough of,          420626  December 15, 1972,  do....................   Do.
     Luzerne County.                           Emerg; December
                                               31, 1976, Reg;
                                               November 2, 2012,
                                               Susp.
    Union, Township of,               421836  February 18, 1976,  do....................   Do.
     Luzerne County.                           Emerg; September
                                               30, 1980, Reg;
                                               November 2, 2012,
                                               Susp.

[[Page 66736]]

 
    West Hazleton, Borough of,        421821  June 6, 1974,       do....................   Do.
     Luzerne County.                           Emerg; July 31,
                                               1978, Reg;
                                               November 2, 2012,
                                               Susp.
    West Pittston, Borough of,        420628  November 24, 1972,  do....................   Do.
     Luzerne County.                           Emerg; April 15,
                                               1977, Reg;
                                               November 2, 2012,
                                               Susp.
    White Haven, Borough of,          420630  April 4, 1973,      do....................   Do.
     Luzerne County.                           Emerg; August 1,
                                               1977, Reg;
                                               November 2, 2012,
                                               Susp.
    Wilkes-Barre, City of,            420631  December 10, 1971,  do....................   Do.
     Luzerne County.                           Emerg; September
                                               30, 1977, Reg;
                                               November 2, 2012,
                                               Susp.
    Wilkes-Barre, Township of,        421823  August 13, 1974,    do....................   Do.
     Luzerne County.                           Emerg; December
                                               2, 1980, Reg;
                                               November 2, 2012,
                                               Susp.
    Wright, Township of,              420632  May 10, 1973,       do....................   Do.
     Luzerne County.                           Emerg; January
                                               16, 1981, Reg;
                                               November 2, 2012,
                                               Susp.
    Wyoming, Borough of,              420633  November 3, 1972,   .do...................   Do.
     Luzerne County.                           Emerg; November
                                               16, 1977, Reg;
                                               November 2, 2012,
                                               Susp.
 
           Region IV
 
Florida:
    Bronson, Town of, Levy            120582  April 11, 1980,     do....................   Do.
     County.                                   Emerg; February
                                               1, 1987, Reg;
                                               November 2, 2012,
                                               Susp.
    Cedar Key, City of, Levy          120373  August 6, 1975,     do....................
     County.                                   Emerg; March 1,
                                               1984, Reg;
                                               November 2, 2012,
                                               Susp.
    Inglis, Town of, Levy             120586  January 10, 1986,   do....................   Do.
     County.                                   Emerg; January
                                               10, 1986, Reg;
                                               November 2, 2012,
                                               Susp.
    Levy County,                      120145  November 13, 1970,  do....................   Do.
     Unincorporated Areas.                     Emerg; March 1,
                                               1984, Reg;
                                               November 2, 2012,
                                               Susp.
    Otter Creek, Town of, Levy        120592  February 8, 2005,   do....................   Do.
     County.                                   Emerg; September
                                               1, 2005, Reg;
                                               November 2, 2012,
                                               Susp.
    Yankeetown, Town of, Levy         120147  November 13, 1970,  do....................   Do.
     County.                                   Emerg; August 20,
                                               1971, Reg;
                                               November 2, 2012,
                                               Susp.
Georgia:
    Cobb County,                      130052  June 12, 1973,      do....................   Do.
     Unincorporated Areas.                     Emerg; January 3,
                                               1979, Reg;
                                               November 2, 2012,
                                               Susp.
    Marietta, City of, Cobb           130226  September 5, 1974,  do....................   Do.
     County.                                   Emerg; February
                                               15, 1978, Reg;
                                               November 2, 2012,
                                               Susp.
 
           Region V
 
Indiana:
    Batesville, City of,              180507  N/A, Emerg; March   do....................   Do.
     Ripley County.                            9, 2010, Reg;
                                               November 2, 2012,
                                               Susp.
    Ripley County,                    180221  February 11, 1976,  do....................   Do.
     Unincorporated Areas.                     Emerg; September
                                               1, 1987, Reg;
                                               November 2, 2012,
                                               Susp.
Wisconsin:
    Chaseburg, Village of,            550451  August 25, 1975,    do....................   Do.
     Vernon County.                            Emerg; February
                                               4, 1981, Reg;
                                               November 2, 2012,
                                               Susp.
    Coon Valley, Village of,          550452  April 7, 1975,      do....................   Do.
     Vernon County.                            Emerg; February
                                               4, 1981, Reg;
                                               November 2, 2012,
                                               Susp.
    De Soto, Village of,              550069  December 15, 1980,  do....................   Do.
     Vernon County.                            Emerg; January
                                               16, 1981, Reg;
                                               November 2, 2012,
                                               Susp.
    Genoa, Village of, Vernon         555556  May 7, 1971,        do....................   Do.
     County.                                   Emerg; February
                                               26, 1972, Reg;
                                               November 2, 2012,
                                               Susp.
    Ontario, Village of,              550457  August 16, 1978,    do....................   Do.
     Vernon County.                            Emerg; N/A, Reg;
                                               November 2, 2012,
                                               Susp.
    Readstown, Village of,            550458  April 30, 1971,     do....................   Do.
     Vernon County.                            Emerg; March 16,
                                               1976, Reg;
                                               November 2, 2012,
                                               Susp.
    Stoddard, Village of,             555582  April 23, 1971,     do....................   Do.
     Vernon County.                            Emerg; October
                                               20, 1972, Reg;
                                               November 2, 2012,
                                               Susp.
    Vernon County,                    550450  September 1, 1972,  do....................   Do.
     Unincorporated Areas.                     Emerg; September
                                               29, 1978, Reg;
                                               November 2, 2012,
                                               Susp.
    Viola, Village of, Vernon         550460  December 5, 1974,   do....................   Do.
     County.                                   Emerg; June 4,
                                               1990, Reg;
                                               November 2, 2012,
                                               Susp.
 
          Region VII
 
Missouri:
    Carl Junction, City of,           290179  October 28, 1975,   do....................   Do.
     Jasper County.                            Emerg; June 1,
                                               1982, Reg;
                                               November 2, 2012,
                                               Susp.
    Carterville, City of,             290180  January 17, 1977,   do....................   Do.
     Jasper County.                            Emerg; July 16,
                                               1984, Reg;
                                               November 2, 2012,
                                               Susp.
    Cole County,                      290107  January 21, 1982,   do....................   Do.
     Unincorporated Areas.                     Emerg; January
                                               21, 1982, Reg;
                                               November 2, 2012,
                                               Susp.

[[Page 66737]]

 
    Duenweg, City of, Jasper          290182  N/A, Emerg; April   do....................   Do.
     County.                                   1, 2004, Reg;
                                               November 2, 2012,
                                               Susp.
    Jasper County,                    290807  May 15, 1987,       do....................   Do.
     Unincorporated Areas.                     Emerg; May 15,
                                               1987, Reg;
                                               November 2, 2012,
                                               Susp.
    Jefferson City, City of,          290108  April 23, 1971,     do....................   Do.
     Cole County.                              Emerg; April 15,
                                               1980, Reg;
                                               November 2, 2012,
                                               Susp.
    Sarcoxie, City of, Jasper         290186  May 29, 1974,       do....................   Do.
     County.                                   Emerg; July 16,
                                               1979, Reg;
                                               November 2, 2012,
                                               Susp.
    Webb City, City of, Jasper        290187  May 19, 1975,       do....................   Do.
     County.                                   Emerg; June 1,
                                               1982, Reg;
                                               November 2, 2012,
                                               Susp.
 
          Region VIII
 
North Dakota:
    Grafton, City of, Walsh           380137  January 17, 1975,   do....................   Do.
     County.                                   Emerg; January
                                               16, 1981, Reg;
                                               November 2, 2012,
                                               Susp.
    Minto, City of, Walsh             380138  June 27, 1975,      do....................   Do.
     County.                                   Emerg; January
                                               16, 1981, Reg;
                                               November 2, 2012,
                                               Susp.
    Park River, City of, Walsh        380139  February 3, 1975,   do....................   Do.
     County.                                   Emerg; May 1,
                                               1980, Reg;
                                               November 2, 2012,
                                               Susp.
    Walsh County,                     380135  March 28, 1978,     do....................   Do.
     Unincorporated Areas.                     Emerg; May 1,
                                               1986, Reg;
                                               November 2, 2012,
                                               Susp.
----------------------------------------------------------------------------------------------------------------
*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: October 17, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2012-27159 Filed 11-6-12; 8:45 am]
BILLING CODE 9110-12-P